McNair v. . Cooper
Supreme Court of North Carolina
Civil actioN, tried before Webb, J., at March Term, 1917, of SCOTLAND, upon these issues: 1. Were the judgments rendered by S. W. Covington, J. P., and referred to in the complaint, rendered through fraud upon the part of the defendant W. IT. Cooper, or through collusion between the plaintiff and said W. II.
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Civil actioN, tried before Webb, J., at March Term, 1917, of SCOTLAND, upon these issues: 1. Were the judgments rendered by S. W. Covington, J. P., and referred to in the complaint, rendered through fraud upon the part of the defendant W. IT. Cooper, or through collusion between the plaintiff and said W. II. Cooper, administrator? Answer: No. 2. In what amount is the defendant W. H. Cooper, administrator, indebted to plaintiff? Answer: Yes, in the amount set forth in the complaint. From the judgment rendered, the defendants Walter Leitch and others appealed.
1Opinion of the CourtBrown, J.
The only assignment of error is directed to the charge of the court upon the first issue — that there is no evidence of collusion, and directing the jury to answer that issue “No.”
This proceeding' is brought to subject the lands of Neill McNair, deceased, to the payment of certain judgments obtained originally by plaintiff against said Neill McNair, and which were duly docketed in Superior Court on 24 October, 1898. No executions were issued and no homestead set apart. No effort was made to collect the judgments until after death of Neill McNair in 1914. On 25 September, 1915, the defendant…
2Cases cited12 opinions
- State v. . BeversSupreme Court of North Carolina · 1882
- Perry v. . Insurance Co.Supreme Court of North Carolina · 1905
- Speer v. . JamesSupreme Court of North Carolina · 1886
- State Ex Rel. Pate v. OliverSupreme Court of North Carolina · 1889
- Lee v. . McKoySupreme Court of North Carolina · 1896
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3Cited by5 opinions
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